martha: there it is our question of the day at foxnews.com. do you favor repealing health care? 3600 votes so far. nearly everybody is voting in favor of repeal in the nonscientific poll. jon: that is at our show page. "america's newsroom.". martha: see you wednesday. bye. jon: former head of the united nations sis iran must be part of the solution to stop violence in syria. really? how might that work? we'll go in depth. a manhunt for a killer after a woman is found dead in her apartment. what neighbors heard just before police arrived. mars like you have never seen it before. amazing pictures just released as we get the lowdown on a brand new mission to our neighboring red planet. it is all happening now.

jon: good tuesday morning to you. turning up the pressure to repeal the president's health care law. i'm jon scott. jenna: hi, everybody. i'm jenna lee. bill and martha talking a little bit about the poll up on foxnews.com. we'll take you live to capitol hill now for a key hearing in the house as lawmakers focus on the prelimcations, real implications on the supreme court ruling on health care. specifically the decision that allows the individual mandate to survive as a tax. the debate begins today. and it is ahead of a big vote tomorrow. chief congressional correspondent mike emanuel back on capitol hill after a little recess. so, mike, what is the case for this health care repeal vote this week? >> reporter: well, jenna, republicans argue because you just had the supreme court decision. the supreme court said health care is constitutional if it is a tax. so republicans are saying to their democratic colleagues do you support this unpopular law? if it is a tax? the american voters deserve to know. here is house speaker john boehner making his case.

>> the american people do not want to go down the path of obamacare. that's why we voted over 30 times to repeal it, defund it, replace it and we are resolved to have this law go away. we're going to do everything we can to stop it. >> reporter: we expect passionate debate in the house, in favor, against this health care law and a vote to repeal it in the house of representatives tomorrow, jenna. jenna: a big week as everyone is back in session, mike. we only have a few months before everyone heads to the polls. what are top democrats saying about this issue? >> reporter: we heard references to being groundhog day and other efforts to repeal the law. democrats say time to look forward, not backward, let's improve the health care law, not repeal it. here is congressman frank pallone from the state of new jersey. >> they have to figure they go back to repeal it again which makes no sense to me.

we had the battle. the supreme court said it is legitimate. it is constitutional. we should move on. that is what my constituents are telling me. >> reporter: republicans insist this is not a symbolic vote but there may be political impact to the vote. you can expect there will be ads running if democrats in tough races vote for it in the district against it. so there will be a lot of people looking at the numbers with to see if members flip their vote, concerned about impact in november. jenna? >> i mentioned you were on recess too. do you have power back on at the emanuel household? >> reporter: we're back up and running thank you very much. jenna: just checking. i know you got kids. it is a big deal to lose power, that's for sure. nice to see you back on capitol hill. mike, we'll follow the story all week. >> reporter: thanks. jon: a brand new snapshot on the state of the race for the white house. according to a new "washington post/abc news poll", president obama and governor romney are

deadlocked at 47% among registered voters. this after some very weak new jobs numbers, landmark supreme court decisions on health care and immigration and millions spent on negative ads primarily. so where does the race go from here? with us now, associate editor of "the hill", a.b. stoddard. thanks for joining us today.havy that these numbers would seem to me to be sort of advantage romney. i mean he fought a bruising primary against the other republican candidates in the spring. he has had less money to spend and he doesn't have the power of incumbency and yet he is tied with a sitting president in this latest poll. >> well, that's a good case to make. i think president obama after a series of disappointing jobs reports and 8.2% unemployment that looks like experts tell us are not going to change between now and the election day, i just think that president obama should probably be doing worse and

republicans in the last 10 days have begun to say at least privately they think romney should be doing better. it is summer. people are not focused. romney has lots of room to pull away and he hasn't yet. there are reasons for concerns in those poll numbers. jon: you think he should have closed the deal better with republican voters or maybe voters overall? >> the problem for mitt romney right now these attacks on his record at bain capital and attacks on private equity that were the subject of ads that the obama campaign have run in these swing states are having a good effect for the president. so you see independent voters in the states that matter tending to, tilt towards the president now and away from mitt romney. it is raising mitt romney's negatives in the key battleground states. those are the states where mitt romney needs to win w if he is going to be a winner he will tip the balance of the margins in those battleground states. he will do so with independent voters.

he has to overcome those high negatives and he has to change the minds of people in nevada, colorado, virginia, ohio and florida or he is not going to be able to best the president. it will be a turnout operation i think. mitt romney will have the wind at his back with turnout. a lot of people want to defeat the president but undecided voters, and there are not many of them left who he has to convince is the right person to be the steward of the economy. right now those attacks on his sort of number one asset, issue of the economy are taking an effect that has been detrimental to him in the places where it matters. jon: let's take a look at that looking deep near the poll numbers about. voters were asked, regardless of who you support which candidate do you trust to do a better job handling the economy? there is president obama at 44%. governor romney comes in at 49%. again this is that "washington post" abc poll. then asked, regardless who you may support, who do you think seems like more

friendly and likeable person, the president way out in front, 63-27 for romney. who has a clearer plan for dealing with the economic situation? president, this one a bit closer, the president at 43%. mitt romney at 38%. does that suggest that that 59-point plan of mitt romney hasn't really caught fire with voters, ap? >> i would argue that. you know, you see mitt romney continuously criticize the president's record on the economy. but he does have a 59-point plan. there are specifics in there. he needs to run on his own agenda, to convince americans that a year from now, if he was president, the economy would be better. here is how. and here's why. and i think that he hasn't done a good job controlling the narrative of his own vision for the country. that is going to help him on that number one issue that matters. he is besting the president in the polls on who would better handle the economy. but why is, why are they still at 47-47?

just because the president is likeable? the economy is romney's issue. he needs to be specific and he needs to make the sale with independent voters. that is the issue that matters and this is why he will turn it around. jon: that likeability number is fascinating. 63% of the voters say they like president obama, versus 27% for romney and yet, you know, the most voters feel the country is on the wrong track. they don't feel like the president, his job approval rating is below 50%. they like the guy. they just don't think he is doing a good job. >> that's right. but remember there are so few voters left who haven't made up their mind. there is whole sector of country can't stand the president. want to see him defeated. another obviously, a portion of the population that will support president obama for re-election. the few people who haven't made up their mind, they might make up their minds on likeability. they might be swayed on a question of someone's character. so the president's attack on romney that he is hiding things, that he doesn't tell the truth.

that we don't know what is in his tax returns. and these are, that the polls show they think president obama has more of a plan for the economy than romney, those are damaging issues for romney. he has to deal with them early so he can persuade the persuadable voters to support him because those are the in the end are only ones who will matter. jon: if the economy is issue number one as it is for most voters we can expect to see the president advertising and focusing on anything but the economy? >> that's right. that's right. he has come out with a new plan to extend the tax cuts for 98% of the americans earning 250,000 a year. wants to talk about how offshore accounts mitt romney has in circle places around the world. he will talk about anything than the economy. if mitt romney has to be more convincing on economy for those other issues not to set him back. he needs something positive

to say, rather than negative, something proactive to talk about. i don't think he will overcome the likeability numb business. in the end he it probably shouldn't matter but he needs to stay strong on the number one issue. jon: associate editor of "the hill." a.b. stoddard. >> thanks. jon:. jenna: you set us up on the next story here. culture wars are heating up. president has endorsement for gay marriage and planned parenthood. against mitt romney. mitt romney as ab mentioned is trying to focus on the economy. what is the latest line of attack from the president's re-election campaign. shannon bream is live in washington with more, shannon. >> reporter: right now it is issue on abortion. president's campaign released an ad called trouble. talks about his desire to defund planned parenthood. there is another one by planned parenthood action fund both talk about the fact that mitt romney in some ways will compromise women's access to health care because of his

opposition to federal funding for planned parenthood and opposition to the abortion. important to note when you break down these ads factually they do not line up with the position romney made rethe pealy -- repeatedly, publicly to the issue abortion. something the obama administration and supporters are focusing on right now hoping to score points with women. jenna? jenna: any indication how governor romney will react? >> reporter: sound like and seems like he is heeding the indiana advice governor mitch daniels who said early on a in the primary season republicans would do well to stay away from social issues. something romney has not addressed and make focus of his campaign and addressed issues in the headline with things like gay marriage. a lot of analysts including republicans ed rollins say it is probably smart to focus on the economy. here is what he told us. >> i don't think it will be the overarching issue. i think it is an issue the democrats are using to create a wedge to try to mobilize women voters where

they have a slight advantage at this point in time but over time this campaign, and this election will be about the economy. >> reporter: it is interesting because traditionally these kinds of ads harping on social issues come much later in the campaign. it is raising eyebrows that these attacked as related to abortion are coming so early on in the summer. jenna? jenna: very interesting timing. shannon, thank you. jon: folks on the eastern seaboard, if you do not like the oppressive heat, you're in a bit of luck. the hot weather is moving on out. maria molina tells us where this record-breaking heat is now headed. and a banker in georgia told family he was considering suicide after losing money through, quote, trading activities. now the fbi confirms aubry lee price is missing but so are millions and millions of dollars

our current dividend tax rate will expire this year, sending taxes through the roof and hindering economic recovery. the consequences? millions of americans will see their taxes on dividend income spike, slowing investment in u.s. companies and jeopardizing development in energy projects that create american jobs. ask congress to stop a dividend tax hike -- for all of us.

or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

jenna: new information about several crime stories we're keeping an eye on including this one. a 33-year-old woman in ohio is missing. this is after she went on vacation in north carolina's outer banks. police say lynn jackheimer traveled with two children. the boyfriend returned to ohio to drop off kids with relatives. the police have named him a person of interest. overseas, big news today in paris. an armed standoff at a nursery school there, it is over at this time. police say a gunman briefly took an adult hostage at the school before it opened but the suspect surrendered to police. a good outcome at least. let's take you to georgia now. police are looking for a missing georgia banker suspected of embezzling millions of dollars. he is aubry lee price. he is charged with wire

fraud. the fed say he took $17 million for more than 100 investors over past two years. fbi says price owns homes in venezuela and guatemala and may have fled there. jon: now have a fox extreme weather alert. the record-breaking heat wave that baked much of the central and eastern u.s. is plaguing the west. the national weather service issuing heat warnings for parts of arizona, california and nevada through tomorrow. temperatures could reach the 120s in some locations. maria molina is in our extreme weather center with more. maria. >> reporter: jon, good to see you. last week and week before we were talking about triple digit heat across parts of the midwest and northeast. we're finally back to where we should be across both those two areas and even slightly below average. in raleigh, north carolina, today you will see a high temperature of only 84 degrees. new york city with a beautiful day of a high of

83 degrees. head we have heat building. it is not just the desert southwest. further to the north we have temperatures on towards the north, 91 degrees for high temperature out there. we could see triple digits in salt lake city and in utah. this is where we have the core of the heat. 125 could be a high temperature in death valley. we're expecting high temperature in phoenix at 113 degrees. these temperatures are five to 10 degrees above average this time of year. because the temperatures are dangerous once you get to 125 degrees we have a number of excessive heat warnings across parts of nevada. that does include the city of vegas. parts of california and southwestern arizona and phoenix you're also included in excessive heat warning in effect not just for today but even as we head into tomorrow because we're expecting these hot temperatures to stay in place throughout at least wednesday. through thursday, friday and saturday, it is july. it is supposed to be hot. we'll stay in triple digits but these are normal

temperatures for at least the city of phoenix. by thursday you're expecting high of 107. 105 friday and saturday. jon? jon: maria molina in the weather center. thanks. jenna: 41-year-old woman is found dead after her neighbors heard screams coming from her apartment. now police are searching for clues that will hopefully lead them to a killer. we're going to bring you that full story coming up. plus lance armstrong battling for his cycling legacy and he says his constitutional rights? one judge already handing him a legal smackdown this week in a fight against new doping charges. how this case is heating up in the state of texas, coming up next. ♪ ♪ ♪

[ male announcer ] what's the point of an epa estimated 42 miles per gallon if the miles aren't interesting? the lexus ct hybrid. this is the pursuit of perfection. so what i'm saying is,rid. people like options. when you take geico, you can call them anytime you feel like saving money. it don't matter, day or night. use your computer, your smartphone, your tablet, whatever. the point is, you have options. oh, how convenient. hey. crab cakes, what are you looking at? geico. fifteen minutes could save you fifteen percent or more on car insurance.

jon: the search is on right now for a killer near portland, oregon. neighbors calling in reports of a loud argument at

michelle lee walker's apartment. by the time deputies arrived it was too late. julie banderas has the latest from our breaking news desk. julie? >> reporter: that's right, jon. authorities in milwaukee are asking if you saw anything suspicious near the victim's home call immediately. the sheriff's department ruling the death of michelle lee walker a homicide after discovering her body in her apartment sunday afternoon. one neighbor says he heard a loud argument between a man and a woman coming from inside before police arrived after getting a call from the women's mother, who called 911 to report, quote, suspicious circumstances at her daughter's apartment. neighbors describe walker as a kind of person who always helped others out, bringing food to her neighbors whenever they wanted and police asked anyone who may have seen michelle this weekend, either saturday or sunday, to contact the sheriff's office. their confidential tip line is on your screen. it is 503-723-4949.

jon? jon: julie banderas at the breaking news desk, thank you, julie. >> reporter: sure. jenna: lance arl strong may go back to court again today in his battle against the u.s. anti-epdoing agency. that organization is accusing him, the seven-time tour de france winner, of using performance-enhancing drugs. armstrong says the agency doesn't have the jurisdiction to investigate him. and yesterday, a judge dismissed his first attempt to fight this in court. pretty interesting attempt at that. here is our legal panel for today. fox news legal analyst lis weill and defense attorney chip merlin. it is only tuesday. there has been a busy day in court in austin, texas. lance armstrong, said i have a big case against these guys. the judge did not like the packaging. >> exactly. jenna: tell me what happened yesterday. >> so his lawyers presented i think an 80-plus page brief saying his constitutional rights are violated, this, that and

other. throw in the kitchen sink, as lawyers often do, sorry, chip. they throw in the kitchen sink. the judge said six hours after this file it properly. get to the point. tell me what is violated here. judge rightly threw it out. the he said lance, you have 20 days to refile it and that is what is going to be done now. jenna: that the anti-doping agency violated armstrong's rights to due process and basically the agency has this case against him in order to justify its own existence. as a defense attorney, what do you think about that argument? >> well in our country everybody entitled to procedural due process and it is very important you have the right to confront witnesses and go out and gather evidence on your own behalf. jenna: sure. >> that the proceeding itself will be fair and not already outcome oriented. what lance's attorneys are trying to argue here that the procedure set up by this epdoing agency is set up to only have one conclusion, and that is guilt. when you read through the

lengthy, lengthy allegations in there, it really sets up the person's reputation at stake. if he loses this because it will have only one outcome, that is guilty, sounds like has a pretty good case to be brought. >> he has a chance to say, to the agency, not to the federal court, you're wrong on this you're wrong on this, wrong on that, to bring his own witnesses. he doesn't have to capitulate to say i did it, i did it. charges are very serious, jenna. jenna: talk a little bit about the agency though, when you say the word age is automatically think it is a government agency. it is not a government agency technically. >> no. jenna: though more than half of it is funded by federal money from the taxpayer. >> authorized in 2000 by congress, this quasi-government agency. jenna: quasi-. >> quasi-government agency, not a real government agency can be established so they can look into epdoing in olympic sports. cycling is a olympic sport. jenna: they're not the end all be all authority in cycling.

>> the point is it is doping. what lance armstrong's point is, i have taken 500, 600 tests every single time is nothing is wrong. charges being brought by doping by other people lance armstrong even though all of his tests passed. jenna: the other people, lis, offered their testimony in exchange for not being in trouble themselves. >> we call that being snitches in the criminal world which is, not a criminal case. >> or another one offering a bribe so they can continue making a living what they're doing. >> lance armstrong has the chance. here is what happened i think, his lawyers tried to circumvent the quasi-government process going to a federal judge with this 80-page thing and look at all this, dumping the kitchen sink in. lance, go through the quasi-government process, go through the agency, have your lawyers go through that, if you're not happy what happens there, then appeal. jenna: final question, chip, this has been years. the justice department had a two-year investigation, decided not to have a case

against lance armstrong. you mentioned00 of tests he has taken. at a certain point where does this end? >> part of what lance's attorneys are arguing this is outcome oriented for a vendetta that top officials have against lance armstrong. >> they were looking at criminal process. that is higher bar, beyond a reasonable doubt for a criminal proceeding. this is not a criminal proceeding. this is civil proceeding which is much lower bar. jenna: vendetta? >> i don't know. let the process go forward. >> big vendetta, we found at the doping agency providing prosecutors with all information. later on they decided and they decided not to have any criminal prosecution. he didn't violate the criminal law. >> criminal law. criminal law. >> every never failed a blood test. jenna: we'll see where it goes. tuesday, only second day of the week. there could be a whole bunch of different things lance's team could offer the judge this week in texas. thank you both. thank you for being in studio, chip. jon, over to you. jon: jenna, the presidential campaign, if you hadn't

noticed is in full swing. president obama and mitt romney hating two key battleground states with less than four months to election day. we'll have a live report on what they're up to. stunning new images you don't want to miss. nasa is giving us a rare look at the red planet. what remarkable new pictures tell us about mars. next. the medicare debate continues in washington...

...more talk on social security... ...but washington isn't talking to the american people. [ female announcer ] when it comes to the future of medicare and social security, you've earned the right to know. ♪ ...so what does it mean for you and your family? [ female announcer ] you've earned the facts. ♪ washington may not like straight talk, but i do. [ female announcer ] and you've earned a say. get the facts and make your voice heard on medicare and social security at earnedasay.org. jon: governor mitt romney

hitting the campaign trail today in the battleground state of colorado after a fund-raiser last night in aspen. mr. romney holding his first town hall since may in grand junction on the west side of the state before heading to fire-ravaged colorado springs. meantime president obama is out on the trail in iowa. chief political correspondent carl cameron is live in washington. so, carl, what can we expect governor romney to say about the president's announcement on the bush-era tax cuts? >> reporter: plenty. he will come out with both barrels blazing. has been a few radio interviews and very tough. romney considers it a major tax hike on small businesses he says will quote, kill jobs in this country and hurt the middle class. there will be a lot more in that colorado town hall. he will pound the president on energy and wasteful spending. he will blast the president for stimulus money. $90 billion that went to green energy companies like solyndra that went bankrupt and others that have not met job creation predictions.

romney will argue in the wake of last week's real weak jobs report it speaks volumes that president obama's first policy proposal to raise taxes. jon: battle over outsourcing two have been having, what is latest on that? >> reporter: obama's campaign attacks on outsourcer were labeled false and misleading by a whole fact check groups. they are putting obama-nomicses outsourced.com. lists a few obama stimulus projects overseas. solar panels made in mexico. windmills in denmark. batteries in south korea and electric cars made in finland and other countries span the globe. this will be feisty weak. we're 17 weeks away from the election the romney campaign today is accusing the president of being outsourcer in chief, jon. jon: 17 weeks. seems like gone quickly. maybe not to you. carl cameron. >> reporter: you bet. jenna: after hearing the president speak yesterday on tax cuts of course one of

our big stories of the day, this interview with a local reporter caught our attention. take a listen. >> will you veto any legislation that extends all of the bush tax cuts, even to what you call the wealthy? >> yes. and the reason is we can't afford it. it will cost us a trillion dollars and at a time when everybody says we've got to drive down our deficit. jenna: so will extending the bush tax cuts for everyone really cost us a trillion dollars? e answer is, yes and no. here's the facts. if we extend the bush-era tax cuts for everyone, it means the government will collect less money. in fact according to the cbo, we will have $2.8 trillion less coming into the government over the next 10 years. that is their estimate. it is lost revenue. now if we wokenly extend the tax cuts for everyone who is not, quote, unquote rich, means $2.1 trillion less in revenue coming in. so when the president mention as trillion dollars he is probably refering to what it would look like over a 10-year time period, if we

don't extend the tax cuts to everybody. but remember, the proposal right now, his proposal is extending the tax cuts only for a year, and in that time frame, the cost would be nowhere near a trillion dollars. jon: got to get the specifics in there. jenna: you have got a lot of billions and trillions being thrown at you on a daily basis, right? every once in a while we have to take a step back. a lot of estimates are based on what it looks like over a decade time period. jon: big difference. jenna: yeah. jon: thanks, jenna. international envoy kofi annan says iran has a positive role to play in ending violence in syria. really? traveled to iran and iraq in is effort to stop the bloodshed. can washington trust iran to be peacemaker in this crisis? we'll have former ambassador john bolton on that. from the little league to the courtroom, what were these grown men fighting about at this ball game that now has them lawyering up. [shouting]

in alabama we had more beautiful blooms... in mississippi we had more good times... in louisiana we had more fun on the water. last season we broke all kinds of records on the gulf. this year we are out to do even better... and now is a great time to start. our beatches are even more relaxing... the fishing's great. so pick your favorite spotn the gulf... and come on down. brought to you by bp and all of us who call the gulf home.

jon: new next hour, the fbi indicting five men for the murder of border patrol agent brian terry. the feds also offering a one million dollar reward for information leading to the arrest of those suspects. terry's death of course at the center of the washington debate over the botched gun-running operation, "fast and furious.". balancing public safety with your privacy. cell phone companies say law enforcement agencies made more than one million requests for consumer's cell phone records this past year, a huge increase. we'll get the judge's take on that. and check this out. why a new jersey teen says she freaked out and jumped when her chair lift ride high above a beach at an a musement park stalled. we'll show you what happened ho. jenna: looks like quite a fall. jon: that wouldn't be fun. jenna: more on that story. major developments overseas concerning syria. former u.n. chief, kofi annan, is visiting iran for

high-level talks there trying to salvage his faltering peace plan. he says iran must be quote, part of the solution to the bloody conflict in syria and that tehran has offered a its support to end the violence there. we wanted to take a closer look at this with former u.s. ambassador to the united nations and fox news contributor john bolton. ambassador bolton, what do you think about that, iran is part of the solution. >> not any solution i think we would find acceptable. clearly iran is part of the problem. iran has troops on the ground. officers assisting assad regime. it armed and financed the assad regime and seeping assad family dictatorship in power is very much in iran's interest. the notion that they would be part of a peace solution that eases that regime out and diminishes their power in syria and around the region is hard to believe. i think that is one of the reasons the annan peace mission has been a fantasy from the get-go.

jenna: have you ever worked -- we mentioned this is a former u.n. chief, kofi annan is there. you worked at u.n. as well as ambassador from our country. are have you worked with him before and what is your experience. >> for many years, going back to 1989 assistant secretary-general. i know him well. jenna: his capabilities? >> he is international bureaucrat as process as a way of life. i think his efforts here over the past several months now have shown that diplomacy can have costs as well as benefits. during this time the assad regime has been able to consolidate itself in power. it has relied on iranian and russian shipmentments. we've been diverted from what we want to do if we want regime change in syria which is break the strategic support that assad gets from russia, china and iran. that has nothing to do with

these peace negotiations. jenna: do you think the best scenario now is to stop the negotiations? to take kofi annan out of the equation completely? not blaming this on him but just as trying to find some sort of resolution do you think this is actually complicating the situation? >> sure. i think it provides the assad regime with legitimacy. look at the current situation. he negotiate as deal with assad. and now he will try to carry it to the opposition leaders. if i were going to suggest the way to do it, it would be backwards from that. but the fact is that the strategic situation on the ground in syria is not going to change until the overall strategic environment changes. and that means, breaking russia, china and iran from their support for assad. that is not what is going on here. jenna: how do you do that? >> well, i think you need to make russia, for example, feel some pain. i was very interested to hear secretary of state hillary clinton say exactly that over the weekend. if there is anything that is clear here, it's that are

so-called reset button policy with russia has utterly failed here. i think until russia sees it is going to pay a cost with the united states, for its continued support of assad they're going to keep on doing it. so there are a lot of things we could do. go back to a real national missile defense program. get out of the very ill advised new s.t.a.r.t. arms control treat. i have a long list of things we could do to convince the russians that we're serious opposing their support of assad. jenna: i like to talk to you a moment what you wrote in the national review about a month ago and interesting to look back on that and find these negotiations in iran happening right now. one of the things you mentioned is some concern if we involve iran in any way we could actually see some bartering going on where iran may help us get assad out of there you about only in exchange that they get to keep their nuclear program. tell us a little bit more about that and why you think that could be so. >> well, this is a nightmare

scenario but one i'm afraid the obama administration is very susceptible to. if iran really believed that assad could not maintain power i could see them being very willing to trade a pawn, meaning assad, to save their queen, meaning their nuclear weapons program. and i very much fear that the obama team would look at that as a worthwhile deal. it would make it look like progress in syria and it would push the nuclear issue for iran past the election. so that would be a terrible deal from the u.s. perspective. but one that i fear the president might fall for. jenna: just quickly here, ambassador, what factor is the election in november to this entire process? >> well i from the obama's administration point of view they would like nothing better that everything in the middle east go quiet. being able to say we have the kofi annan negotiations going on is a way of pushing

it off their plate into somebody else's responsibility. i don't think that is a formula that will succeed over the long term. jenna: a lot of time lines at work here, ambassador. nice to have you as always. >> thank you. jon: well a little league base-brawl. why two dads got into a fight off the field. now they are getting ready to face judge and face the music. we're live with the story. also some incredible pictures from the surface of mars. see the tire tracks there? the panoramic view of the red planet comes ahead of a brand new mission to go there. an astronaut roundtable on what it all means next. s is the. ♪ home of the brave. ♪ it's where fear goes unwelcomed... ♪ and certain men... find a way to rise above. this is the land of giants.

♪ guts. glory. ram. [ music plays, record skips ] hi, i'm new ensure clear. clear, huh? my nutritional standards are high. i'm not juice or fancy water, i'm different. i've got nine grams of protein. twist my lid. that's three times more than me! twenty-one vitamins and minerals and zero fat! hmmm. you'll bring a lot to the party. [ all ] yay! [ female announcer ] new ensure clear. nine grams protein. zero fat. twenty-one vitamins and minerals. in blueberry/pomegranate and peach. refreshing nutrition in charge!

jenna: right now, two dads getting ready to face the judge after a faceoff at their own children's little league game. the problem apparently had

something to do with what happened on the field but what started in the parking lot. usually is a place you have to watch out for, julie. >> reporter: there was no tailgating or drinking going on. it started out as a innocent night of little league baseball but two dads turned it ugly in an instant as they came to blows post-game. it was all caught on camera as the little league president was about to hand out trophyes to the champion and runner-up of a local tournament near columbus, georgia. instead of handing out the awards several fans had to rush to right field to break up a post-game brawl. at bat with each other, 36-year-old davidson and 37 king. they were arrested with disorderly conduct. the scuffle started when king asked davidson to turn down loud music playing off field. they started arguing about players even after the music was turned down. that is when the fists

started flying and on camera for all our eyes to see. the judge, they will face a judge today. little league recommends both men be barred from games for good. i have to agree with the league on that one. jenna: maybe there is a lesson somewhere. maybe. we'll see --. >> reporter: take prozac before little league games? i'm not sure. jenna: julie, thank you. jon: some new pictures for you truly out of this world as nasa releases new images from the mars rover opportunity. it shows an incredible pan ramic detail of the red planet, things we've never seen before. joining us, tom jones, former nasa shuttle astronaut and fox news contributor, scott horowitz, former nasa astronaut and walter cunningham, a former apollo vii astronaut. what a great panel. great to have you here. we have this thing running around on mars right now. you can even see the tire tracks in the panoramic photo.

nasa put together 17 individual post of photographs to show us the one we have on screen. what does it tell you, tom? what questions does it raise? >> it is a wonder rouse panorama, join. much on student has been on the eight years after landing in 2004. it is embarking on another two year traverse across the crater looking for inhabitable climates in the mars's history, looking for water-baring rocks in particular. this image strikes our imagination. it inspires us to want to put human explorers there to follow up the biological questions raised by these rovers. jon: walter, says reminds you of vistas of the american southwest. own letter problem hard to get to, isn't it? >> very hard to get to but it is a picture that the public can identify with and actually makes the american southwest pretty much like a paradise. personalnally i'm much more impressed with the fact that

we have the technology that has been developed by nasa over the years that eight years after the landing of a vehicle that was expected to have a lifetime of about three months, we have the technology to do that. and also opens the door, probably shut be aware of what will be happening in another month when we have the, a new lander that will make this one look really tiny, small and insignificant. so, that's what i'm interested in seeing. curiosity, what door it opens for us. jon: i'm interesting in seeing that too but, scott, first, curiosity has to make a successful landing. i want to take our viewers through or maybe you should take us through a look at what this thing is supposed to do. this is some nasa animation from the jet propulsion laboratory. come streaking into the martian atmosphere at 13,000 miles an hour. there is a heat shield. then it drops down by parachute several miles. when it is 70 feet off the

surface, this sky crane fires a number of rocket engines and lowers the thing closer to the surface and then the rover itself pops out, drops its wheels and it hangs there on cables from this rocket. sounds like so much technology and an awful lot of room, scott, for something to go wrong. >> well that's right, jon. you went through the entire scenario as some refer to it, seven minutes of terror. i was actually at nasa headquarters when we reviewed the requirements for the lander because of the terrain it is landing in they couldn't do direct landing with retro rockets straight to the surface. they had to go to a system like this. there is lots of what we call opportunities to excel and we're keeping our fingers crossed. they have done a tremendous amount of analysis and subsystem testing. but, you can't test the whole thing in the real conditions because we don't

have those conditions that are on mars here on earth. so it's going to be an exciting landing. it has a lot of risk. but when when he hope all the subsystem testing and the engineering pays off and we see a successful landing of the rover on mars here next month. jon: i'm hoping it is successful. it would be a great feather if nasa's cap and jpl's cap. tom, i can't believe how complicated this thing looks as it is you know, hurdling toward mars. those seven minutes will be terrifying. >> definitely accepting a gamble this technology will pay off and we'll reap the rewards. we're going to a very difficult target, gail crater, which has a peak curiosity is supposed to climb coming years to search for inhabbability climate in the marge is shun past. -- martian past. the fact we don't have a backup for it. we haven't been able to afford a twin rover for

curiosity in terms of opportunity in terms of spirit which landed there in 2004. so this is all in one shot. there is no forward mars program beyond curiosity. nasa has been told to scale back the mars effort because of budget constraints and there is no follow-up if th one goes wrong. jon: walter, we mentioned you were part of the apollo program back in the '60s and '70s. when you were flying actively back then, did you think we would be on mars, i mean with human astronauts by now? >> i will have to say that back in those days, which was, late '60s, early '70s, there wasn't a one of us in the office that didn't think we would have a man on mars by probably 2,000 or 2010. and of course we're now farther away from that than we were in those days which is really a reflection of the change in attitude of the american public. it is very difficult to stand up and argue for manned landings on mars now when we have such deep

economic problems because it will never be cheap. jon: walter cunningham, scott horowitz, tom jones, thanks to each of you. we'll be watching the lander when it heads toward mars august 5th. thank you. we'll be right back. >> thanks, jon. [ male announcer ] this is the at&t network.

in here, every powerful collaboration is backed by an equally powerful and secure cloud. that cloud is in the network, so it can deliver all the power of the network itself. bringing people together to develop the best ideas -- and providing the ap and computing power to make new ideas real. it's the cloud from at&t. with new ways to work together, business works better. ♪

jenna: here we are, noon on the east coast, and attorney general eric holder right now is addressing the annual convention of the naacp. we're glad you're with us, everybody, i'm jenna lee, and welcome to the second hour of "happening now." jon: i'm jon scott. the attorney general is under fire, as you probably know, over the fast and furious program. he has been held in contempt of congress after refusing to provide thousands of documents to the house oversight committee. he's also at the center of a conspiracy theory that republicans are targeting holder to try to suppress voters. so what does holder do? he steps into the lion's den. today's convention in texas

where holder is fighting to block the state's voter identification law. let's talk about it with bret baier, the anchor of "special report." eric holder has been sort of dispatched by the president to speak to a couple of these key minority group conventions, right, bret? >> that's right, jon. he spoke to the spanish group, la raza, also the naacp, and the theme is racism, warning of institutional racism and how his justice department is fighting that. namely, this battle as he is, you mentioned, speaking in texas against texas voter id law. one interesting thing, media, the media release the department of justice put out about this very speech that's going on in texas has this line on the bottom of the page: note, all media must present government-issued photo id such as driver's license to attend. so republicans are pointing that out, and i think texas

congressman poe is going to point it out on the house floor shortly. jon: yeah. some irony there because republicans are urging that you be required, or some states, i should say, are urging you be required to show id before you vote, show that you are or legally lowed to vote, right? >> exactly. and the justice department is taking this battle in a number of different states saying this is an effort by republicans to somehow prevent minorities from voting in big numbers. republicans push back and say this is about showing voter id, some kind of form of identification that you are who you say you are on the voter list and that this shouldn't be that big of a deal. this battle is continuing, and the justice department is seeing this as a real fight. now, why this fight is happening? there are some who speculate, analysts on both sides of the aisle, that perhaps holder is trying to link this voter id

battle with the fast and furious investigation, the one that found him, the first cabinet member to be held in contempt of congress, and link those two together. somehow by talking about it more and more, that perhaps blur the lines of what republicans say was really obstruction of getting documents in that investigation, an investigation that, as you know, dealt with the death of a federal border agent, brian terry. jon: well, the naacp, obviously, a storied black organization in this country. why is the president himself not speaking there? >> well, that's a good question. and most political analysts would tell you that it's about courting the moderate part of the democratic party, especially courting independents as we tick down 119 days until the election. the president needs to fire up his base, but maybe he doesn't

need to do it in person, so he sends someone like eric holder to talk about the efforts that the justice department is doing around the country to try to fire up that base and get them out. jon: so the thinking is that he is trying to appeal to white, working class voters in some of the key states like ohio, michigan and so forth who might have some questions about the president's economic policies? >> sure. and, you know, you've seen in various polls that there have been, there's been some removing of independents and some of those white moderate voters from the president's column. and they're either undecided, or they're heading towards mitt romney, and that's a concern. as you see, the attorney general wrapping up there in houston. jon: all right. bret baier, thank you. you can catch bret every weeknight, 6 p.m. eastern time, when he anchors "special report." jenna: some growing fears in d.c. today over threats to our homeland. not necessarily, though, from where you may think.

there's new information from an annual meeting today. in the past there's been concern about al-qaeda, of course, or lone wolf terrorists, but right now the fears have to do with chinese companies companies andr not they're already spying on the united states. chief intelligence correspondent catherine herridge is live from washington with more. >> reporter: thank you, jenna. the transatlantic capital terrorism group is meeting on capitol hill. the number of cyber attacks jumped 44% last year, and the head of the national security agency and u.s. cyber command in a rare public talk says the theft of american ideas is now the greatest transfer of wealth in history, but what comes next may be worse. >> what i am concerned about and what i think we really need to be concerned about is when these transition from disruptive to destructive attacks. and i think those are coming. and a destructive attack would simply make your computer not work anymore or have to be

replay placed. >> reporter: also the chairman of the house intelligence committee, mike rogers, and the vice chair recently intensified their investigation of two chinese telecoms to assess the threat posed to national security interests by telecommunications companies with potential ties to the chinese communist government. both companies are being pressed by congressional investigators on their history, strategy and connections to the communist party. one allegation is that the chinese telecoms may be using their cell phone technology as a back door to steal secrets. >> this administration realizes the danger. the china commission realized the danger. the australian government says they will not have any business with regard to the companies. >> reporter: once we get confirmation, we'll bring it to you. jenna: very interesting, catherine, thank you. >> reporter: you're welcome. jon: it was the cyber threat that really wasn't.

the so-called doomsday virus, dns changer, fizzled. no significant outages reported yesterday after the fbi removed a safety net set up to protect nearly 600,000 computers in this country. but security analysts warn there are even more sinister viruses still out there. jenna: you've still got to check your computer at home, jon. jon: update that spyware. jenna: right now a new debate over the president's health care law. house republicans are getting ready to try and repeal it. that's on the docket this week as doctors line up to testify before the house oversight committee on the impact the law could have on thousands of doctors and, consequently, millions of patients. jim angle's live in washington with more. jim? >> reporter: hello, jenna. well, as republicans debate over repealing and replacing the law, the president's -- i'm sorry, we're having some problems here -- they held a hearing on its impact on you, on patients and doctors, with some analysts and doctors saying it will destroy the patient/doctor

relationship. the chairman of the subcommittee started out by talking about medicaid which the president's plan would increase by some 17 million to try to help insure the uninsured, but he noted that's a system that's already overburdened. >> right now less than half of all physicians accept new medicaid patients because of the low payment rates and high administrative cost. under the new health care law, enrollees will continue to overwhelm emergency rooms because of the lack of access to primary carings care physicians. >> reporter: now, democrats defended the law, but republicans point today a number of problems including the fact that it would have a massive increase in the bureaucracy that is part of the affordable care act. listen. >> i believe that health care should be a right and not a privilege afforded to justify a few -- afforded to just a few. and i am absolutely and firmly convinced that because of the

affordable health care act millions of americans will live better, longer, healthier and higher quality lives. >> the law also contains over 100 boards, panels and groups of bureaucrats to manage and dictate health care decisions and gives the secretary of health and human services unprecedented authority to dictate standards of care across the country. >> everyone agrees we all want affordable, accessible, quality care. the question is, how do we achieve that goal? the congressional budget office's estimated, though, that by 2021 23 million americans will still be uninsured. this is not universal coverage. >> reporter: now, democrats noted that republicans will have their 31st vote this week to repeal obamacare and argued it doesn't have a chance of succeeding. republicans argue that they have better ways, less intrusive ways of providing for pre-existing conditions and to help the poor afford insurance.

that's, of course, part of the ongoing debate over how this law would effect doctors and patients. the debate, as you can see, rages on. jenna? jenna: it certainly does. jim, thank you. jon: a huge spike reported in government requests for cell phone records. jenna's going to get into what's behind it. jenna: i thought you were going to say i'm going to give over my records. jon: no, we don't need to see those, but we do need some answers from judge andrew napolitano. jenna: hopefully, he shows us his text messages. that might be more interesting. we also have brand new information on a very important story, the death of border patrol agent brian terry. what we're learning about the suspects charged in his murder. jon: also, a teenage girl faces a terrifying choice; stay on a busted amusement park ride and risk getting hit by lightning or jump and risk her life. >> in my mind it was a metal death trap. i was screaming so, so loud, and my friend was just, like, oh, my

gosh, don't cry, don't cry guy and i was, like, no, we're jumping. she was like, what do we do? i was like, drop your stuff, and we're jumping.

jenna: well, this next story talks a little bit about big brother. apparently, big brother is not only watching, but he may be listening, too, as the feds try to get their hands or more and more cell phone records, swiems without warrants. these requests are surging to a whopping 1.3 million last year alone. there's not a lot of comparisons to be made, but that said, here's some context. at&t alone says it's seen law enforcement requests more than double since 2007. judge andrew napolitano's here, he's a fox news senior judicial analyst. i'll get to your text messages and e-mails in a moment, judge. [laughter] apparently, there's a lack of legal clarity over this about what our cell phone service providers can provide to law enforcement.

what does that mean, a lack of legal clarity? >> before 9/11, before the patriot act, before the legislation that the federal government enacted after the patriot act that made it easier for the fbi to get their hands on our records without search warrants, the standard, the legal standard was the same everywhere in the country for local, state and federal law enforcement. you wanted to listen to somebody's phone calls or you wanted a record of their phone calls from the phone company, you went to a judge, and you presented evidence that demonstrated to the judge that that person probably committed a crime and that evidence for the crime was probably contained in the records you wanted. jenna: how long did that normally take, that process? >> well, that process can take a couple of minutes. i can tell you personally from having been there that i issue id search warrants from my living room at three in the morning, one of my colleagues issued a search warrant from the back of a motorcycle on a sunday amp. judges sit 24/7 to hear these emergency applications. there's a record so there can't be a fishing expedition, and the

police are required to produce evidence before judges sign the search warrants. much of that, regrettably, changed after 9/11 because the patriot act let fbi agents and other federal agents write their own search warrants, bypassing federal judges, and a lot of local and state law enforcement sort of got jealous of that federal authority, and so they began peppering judges to lower the standards a little bit to make it easier for them to listen to people's phone calls. jenna: let me stop you there. a 931 call center, if they believe there's an immediate threat to somebody's life right now can bypass a prosecutor or a judge when it comes to law enforcement, that's one of the things that i've read. and that's why the timing issue, i asked you about that because there's a certain immediacy with the gps on our phones and our communication. before you respond to that, let me just mention law enforcement. the chief of police at roanoke virginia says this: if a victim goes missing and they had a cell phone with gps technology, would

you as a loved one want us to have to wait for a subpoena, have to wait for the court even though we know that your relative could be in tire straits? what do you think of that? >> no one wants their relatives to come within a whisker death while the niceties of the law are being complied with. that's why judges sit 24/7. i'm unfamiliar with the system in roanoke, virginia. but even in a system as busy as new york, you can get -- which is the most complex and highly-populated system in the country -- you can get a search warrant within minutes if you know what you're doing. i would also say that we're not going to lessen the protections of the constitution in order to make the police work a little bit easier. the police work harder, they'll save lives, they'll comply with the constitution they have sworn to uphold. jenna: what's the risk if we bypass that step and continue to do so? >> a very slippery slope. the risk will be what laws will we let the police do next? i know you're dying to see what

my reaction e-mail was. jenna: uh-huh. i want to see it for myself. this is what it says. xoxo. if i had a nickel for how many of these e-mails i got -- [laughter] you wouldn't mind if the police saw this, national television just saw this. >> well, you have just given up my right to privacy, whether i wanted to or not. [laughter] jenna: you better take the phone back, judge. >> it is a serious issue. we run the risk of going down the slippery slope of losing with every tick of the clock more of our rights. if the police don't abide by the constitution. jenna: interesting to see some of that power in a local police agency rather than through a judge, and we'll talk more about this. judge, thank you. >> you going to reply to this e-mail? jenna: i'm in the middle of a show, judge. jon? jon: another serious issue. two guns linked to the botched fast and furious operation found where he was murdered, right now what could be a game changer in the search for the killers of

border patrol agent brian terry. a live report ahead. plus, president obama and the black vote, the impact high unemployment among african-americans could have on voter turnout in if november. casey steegal live at the naacp convention in houston. casey? >> reporter: yeah. jon, the number of black registered voters may be down, but what do the overall polls show? we will break down the polls for you inside america's election headquarters coming up next. an] how do you trade? with scottrader streaming quotes, any way you want. fully customize it for your trading process -- from thought to trade, on every screen. and all in real time. which makes it just like having your own trading floor, right at your fingertips. [ rodger ] at scottrade, seven dollar trades are just the start. try our easy-to-use scottrader streaming quotes. it's another reason more investors are saying... [ all ] i'm with scottrade.

jon: right now a manhunt underway in arizona for four suspects connected to the 2010 murder of border patrol agent brian terry. julie banderas is live in our new york newsroom with more on that. >> reporter: that's right. the fbi currently seeking four suspects in the murder of border patrol agent brian terry, and

they're offering a $1 million reward for any information leading to the arrests of those fugitives. this comes after federal prosecutors indicted five men on monday connected to the december 2010 shooting, a sixth defendant is also in custody charged with conspiracy related to robbery but not with terry's death which we all know is at the center of the washington debate over the botched gun-trafficking operation fast and furious. authorities say the six were members of a ripoff crew of mexican bandits preying on illegal drug cure courier us just knot of the u.s./mexico border. terry was killed in a fire fight. two of the assault weapons used recovered at the scene were trace today fast and furious. a family attorney says the family is pleased the prosecution is going forward adding, quote, agent terry died a hero. he and his family rightfully deserve a full and thorough

explanation of how operation fast and furious came to be. jon? jon: hope they get those guys, but that's not going to end all of the controversy in this very sad case. >> reporter: no, it's not, sadly. jon: julie banderas, thank you. >> reporter: sure. ♪ jenna: we're going to take you back to houston where we started this hour for you. he's an invited speaker, but the president won't be at the annual naacp convention in houston today. still, he's expected to receive overwhelming support from the black community at the polls in november. there's still a question about turnout though. casey steegal's live from houston with more. >> reporter: yeah, jenna, the president had a prior commitment, and that is why he was not able to attend the convention this week. i'm keeping my voice down because the convention is still going on, although the attorney general of the united states, eric holder, as you know just left the stage a short time ago. really this is all about energizing black voters, that is one of the biggest goals of the naacp convention this year, trying to build that same level

of excitement this community saw in 2008 around barack obama. you know, african-american voters make up about 13% of the total electorate, but the naacp tells us the number of registered voters in this community is down roughly 7% so far this year, so there's right now a very big push to go out and reach that voting base before november. >> we have new tools that help actually find out who isn't registered and where they live. so we can go by and see them and offer them the opportunity to register and vote, help them understand the new laws and restrictions and be able to vote anyway. >> reporter: now, take a look at these numbers. according to the fox news opinion dynamics polls, obama currently has about 87% of the vote compared to romney's 7%, but it is down slightly from the 95% he had against john mccain's 4 based on exit polling in '08. now, some analysts say that is because the historic nature of being the first african-american

president has waned a bit, and unemployment numbers among black americans are higher than other groups. that said, some analysts that we've talked to say it still looks like it will be a fairly clean sweep for obama. >> president obama needs to make sure that african-americans in the swing states of ohio, virginia, florida, perhaps also north carolina turn out in force at least at the same levels of 2008 or very close in order to assure his victory. >> reporter: and some people have also said that the president's popularity could slip with this particular voter base because he has been a vocal proponent of gay marriage and marriage equality, and that is something that is deeply religious-rooted, and folks in this part, in this religious community, religious conservatives take issue with. but we're just going to have to wait and see some november, jenna. jenna: so many dynamics at play. thank you. >> reporter: a lot, yeah. jon: new talks set for two weeks

from now just after new sanctions went into effect. but will talks or sanctions really stop iran from getting the bomb? we'll go in depth. [ male announcer ] what's in your energy drink?

♪ wer surge, let it blow your mind. [ male announcer ] for fruits, veggies and natural green tea energy... new v8 v-fusion plus energy. could've had a v8.

[ music plays, record skips ] hi, i'm new ensure clear. clear, huh? my nutritional standards are high. i'm not juice or fancy water, i'm different. i've got nine grams of protein. twist my lid. that's three times more than me! twenty-one vitamins and minerals and zero fat! hmmm. you'll bring a lot to the party. [ all ] yay!

[ female announcer ] new ensure clear. nine grams protein. zero fat. twenty-one vitamins and minerals. in blueberry/pomegranate and peach. refreshing nutrition in charge! jon: right now house republicans are gearing up for another vote to repeal the new healthcare law. two days of floor debate are underway with a vote expected tomorrow, but don't expect the outcome to be any different from previous attempts, and there have been many of them. the vote will be mostly symbolic

since the bill has zero chance of passion in the senate. so why go to all the trouble? again, let's talk about it with senator alfons demotto and beenee davis. both are fox news contributors. senator demotto to you first, why try? >> i think it's important to point out some of the deficiencies in this bill. i won't attempt to repeal the whole thing, but i'd point out the taxes that are hidden. i bet you lanny isn't aware of all of them. i bet you 90% of the legislators aren't aware of them. point them out to the people. for example, you're going to increase capital gain taxes by almost 25%, no one knows that. you're taxing medical devicess 3%. you are putting a tax on things that move and some things that don't move. you're taxing salons. i would go after an identify

those areas. i think it's a mistake to try to repeal the entire thing because there are some good provision tph-s this bill. for example, allowing families to keep youngsters who graduate from school on their insurance plan up to 26, or preexisting conditions, where people are allowed to get insurance. so i think tactically, tactically, while i understand the absolute failure of this bill, to knock the whole thing out when you know you're not going to do it because the senate is not going to pass it as you said. jon: the senate is not going to pass it. but lanny, might there be some democrats, conservative democrats in the house that would vote to repeal because they are afraid of seeing a repeat of what happened in 2010. >> they might be. i want to say hello to al dmato, i hope i don't ruin his reputation. he is one of the more thoughtful

republicans. nice to be here with you, senator. i agree with the senator that there are parts of the legislation that certainly the american people don't appreciate. and he mentioned the two most important. republican whose say they want to repeal this affordable care act, the name of the act by the way, would have to tell the american people, if you lost your job and you previously had cancer you will never be able to get insurance again, and i support that by repealing this bill. that would be the truth, but what republican today will tell the american people, if you have a child 25 years old who is currently insured because of the passage of the affordable care act as the senator said, you're not going to have that insurance any more. and i agree with that. if they were that honest, senator, at least i would say this ridiculous exercise where they know this won't be passed. the reason why they have 59% approval rating which is left to staff and family members who are giving them approval is this

kind of nonsense. jon: lanny, obviously there are things about this bill that the american people like, letting your children stay on your healthcare policy until 26 for instance. people like that. what is wrong with the idea of throwing out the whole thing and maybe bringing back the parts that people like as individual pieces. you heard nancy pelosi say we have to pass this thing before we can find out what is in it. >> i'll let the senator get some equal time here. i think speaker pelosi misspoke and i think part of the legislative process where there are thousand page bills, most members don't read all the fine print, shouldn't read all the fine print. in this case it was an overly complicated and i think a very bad process that resulted in the passage of this bill. but besides process i favor the policy, some of the things that the senator mentioned. jon: one of the kreut sis similars, senator is the republicans aren't offering any big replacements. they say they will fix

healthcare but they haven't come up with specifics. why vote to get rid of the affordable care act. >> that's why i would take those most egregious parts of the bill and go after them. if for example, the mandates which many people feel are absolutely wrong, and wrong headed, by the way you really think you're going to collect money from working families who say i'm not going to take a policy in how are you going to do it? you don't have enough tax men go out and do it, and it is a tax. but that's what they should do. they should zero in on the taxing medical devicess. does that make sense? go to the american people and say we are going to make this bill better than it is, because to leave it as it is is an injustice. that is the argument i think they should take. jon: something that talked about early in the going but doesn't get talked about a lot these days is the half a trillion dollars that is supposed to come out of medicare to pay for the

affordable care act. where does that stand, lanny. >> it can't take place. there is no way they are going to do it. you can't reduce the doctors' fees any more than you have. >> look,. jon: go ahead, lanny. >> excuse me for interrupting, senator. i was just going to say that republicans really can't have it both ways, although we know they try. we have a 15 trillion-dollar debt, and all republicans say we've got to cut the entitlement programs. part of those entitlements are medicare and social security, and we democrats have to be willing to support senator simpson, a great conservative republican senator, i believe the senator served with and erskin bowls who was chief of staff in the white house came up with something to do something with that debt that tightened up on medicare spending and social security and spending and cutting out the tax loopholes and democrats and republicans like the senator and myself we are both on opposite sides philosophically on many

questions, we have to come together to do something about that national debt and i hope president obama will make the simpson-bowles step, it was his commission and endorse going forward and i think he will really defeat romney if he does that. jon: it does seem like there is a lot of wheel spinning going on on capitol hill right now. gentlemen, thank you. >> nice to see you, senator. >> good to see you, lanny. jenna: that was the nicest panel that we've had, a fair & balanced debate. jon: civility in washington. it can happen. jenna: we showed you this video many times. you see a teenager jump from a stalled amusement park ride because she felt she didn't have much of a choice. why she did it and how shy is doinshe is doing now, just ahead. are you receiving a payout from a legal settlement

or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

jenna: back to international news now, there are new talks set in the iran nuclear standoff, as lead negotiators from iran and six other world

powers, including our own get ready to sit down two weeks from now. previously meetings led to little progress. now we have new sanctions hitting teheran and taking affect and the clock is ticking. our next guest says despite the sanctions and the talks when it comes to finding a resolution our timeframe is shrinking. mark dubowitz is our guest. it is great to have him coming to us by way of jerusalem. mark you say three to six months is the timeframe we are dealing with right now. why? >> well, jenna i think the sense in washington and here is for the sanctions to really work for them to cripple the iranian economy and change the calculus of this regime, we only have a few minutes. they are rushing ahead on their nuclear program and negotiations so far have yielded nothing. there is a sense that unless these sanctions take hold and

take hold quickly and change the regime's dephaeugs making we have to head to much more punitive measures in order to deal with iran's nuclear weapon program. jenna: punitive measures like what. >> like the application of military force. i think it's clear that so far sanctions have done nothing to change the risk-reward ca calculus of the supreme leader. they have failed to yield on any compromise, any offer they've been presented. unless diplomacy and sanctions work quickly it may be the only decision that is left, and that is to use military force to really destroy iran's nuclear program. jenna: i want to talk to you a little bit about some of these meetings that you're having and ongoing in israel right nowment when you mentioned the negotiatings and what iran will offer, and will not offer, what do you think israeli officials are willing to offer in these

negotiations? is there actual room to negotiate? >> well, i do think there is room to negotiate. i think the concern here, and i think it's shared also widely in washington is that while sanctions have been escalating over the past few months the demands on the iranians have actually been diminishing. a few months ago they were very clear that all enrichment must stop, they must ship out all of their enriched uranium and dismantle their facilities. a few months later those demands have weakened. we are talking about 20% of enrichment of ooh rain yan, moving 20% stockpiles out and closing maybe even short term the facility. the iranians have been very good in weak evening the p5 plus one demands despite the fact that sanctions have been increasing. jenna: interesting. you know, one of the things we wanted to talk about with you is i know you've traveled all over

the middle east as part of your work for the foundation for defense of democracies, mark and i'm curious how you've seen the conversation change, or have you actually seen the conversation change? have policy makers in israel, are they in a different space than they were six, 12 months ago, and how can you -- how do you describe the change that you may be seeing? >> well, i think israeli policy makers, but also policy makers throughout the middle east are in a different position. i think policy makers in the gulf and in countries like turkey, there is growing anxiety and a growing recognition that this regime may not be willing to compromise. they may not be even willing to take yes for an answer. and even with diminishing demands the iranians have refused to compromise. anxiety is rising. the confidence in anxiouses is diminishing, and not only the israelis but other countries as well are wondering if we are

left with a fundamental decision, an iranian nuke or a military option to forestall that possibility. jenna: we will be watching very closely, mark. safe travels for you and thanks for the time today. >> thanks for having me, jenna. jon: a new jersey teenager caught you might say between a rock and a hard place. actually she is stuck on a stalled amusement park ride as a thunderstorm gets closer, and the whole thing caught on tape. you can see her sitting on the sky ride in seaside heights, new jersey, when she leaps to the beach below. she says the ride stalled and she was terrified of being struck by lightning. >> are you okay? >> it was just right there. we freaked out. we were three seats away from getting off and it stopped. we said, we are about to get off for good. obviously we jinx edit. i was screaming so, so loud. my friend was just like, oh, my gosh, it's okay. it's okay, don't cry, don't cry.

i said no we're jumping. she says what do we do? i said drop your stuff and we are jumping. >> thank god i didn't break anything. my shoulder, hip and neck are in a bit of pain, but nothing, it's just sore. jon: she did not break any bones, you heard her talking about the scrapes and bruises. jenna: i kind of like that girl. she's got a little sass, she is off that thing. there is time for action, maybe like that, lightning. jon: even if lightning struck i think you won't be grounded but i don't know. jenna: you would just stay sitting up there relaxed while the thunderstorm just came in? jon: relaxed maybe not. jenna: maybe not relaxed but still sitting up there. we have a really interesting debate for you coming up. there has been all this conversation about the tax cuts from the bush administration. one of the questions we are asking is how do we get here and how will the battle play out in the 2012 campaign. we have all that coming up for you next. [ wife ] your dad's really giving him the business... the designated hitter's the best thing to happen to baseball! but it's not the same game! [ wife ] wow, he's really gonna get us a good deal.

it's better! no it's not! the pitcher comes up and he's out! [ dealer ] he can bunt! whatever. but we're good with 0% apr for 60 months? oh, yeah, totally. thank you so much. that must've been brutal. [ male announcer ] the volkswagen autobahn for all event. at 0% apr for 60 months, no one needs to know how easy it was to get your new volkswagen. that's the power of german engineering.

jon: a major issue in this 2012 presidential campaign, the very same tax cuts that were a big part of the presidential race 12 years ago when george w. bush tting vice president, algainst a gore. back in the good old days of the year 2000 race the u.s. treasury was bringing in an annual surplus, revenues, mostly taxes were about 2 trillion bucks. uncle sam was spending 1.8 trillion leaving $2 trillion left over. governor bush was calling for tax cuts to give the surplus back to the american people. vice presidental gore said he wanted to keep the money in a lockbox to pay for entitlements in the future. as you know george w. bush won that election and the argument. he signed into law the tax cuts that now bear his name in 2001 creating six tax brackets with a top marginal rate of 35%. they didn't provide relief only

to the rich. the lowest tax bracket dropped from 15% to 10%. just three months later the deadliest attack ever on u.s. soil sent the nation's economy reeling. wall street shut down, financial markets in a tailspin. president bush called for another round of tax cuts to jump start the economy. in 2003 president bush signed the jobs and growth tax relief act, saving taxpayers an estimated $350 billion. all those cuts did generate growth and by the end of his second term revenue jumped substantially from 2 trillion when he took office reaching $2.5 trillion in 2008. fast forward. it's december 2010 with president obama now in the white house. the bush tax cuts are about to expire, and economists warn the resulting tax hike will send the economy over a cliff. the white house and congress are deadlocked, so they agree to kick the can down the road. the president signed a two year

extension for everyone, bringing us to where we are today. projected revenues for 2012 are $2.4 trillion but the federal government is spending 3.6 trillion. that leaves us with a budget deficit estimated for the current fiscal year at $1.2 trillion. now we are facing another deadline while president obama is facing re-election. the president says he wants to extend the cuts one more year, but not for everyone, setting up an election debate on tax policy, deficits and the best way to get americans back to work. let's talk about all this with douglas holtz aiken a former director of the congressional budget office. rob shapiro served as an undersecretary of commerce in the clinton administration. doug, you say that what the president proposes regarding raises taxes on those who make more than $250,000 a year, you say that is attacking the engine of economic prosperity in this country. can you explain?

>> i think it's unwise to raise taxes in an economy as weak as this. and the president recognized that in 2010. he'd be wise to recognize it again. when we talk about raising the top two marginal tax rates it's important to recognize that many small businesses are taxed by those tax rates and about 53% of the business income that is reported on your tax returns is taxed at a top rate. it will have a significant impact on what we think of is an important part of our economy, the small businesses and the entrepreneurs and it's hardly the time to do that. jon: rob, what do you think about that? >> gee, there are so many things to disagree with in that brief statement. first of all if it's not the time bec economy to raise taxes, then it's also not the time to cut spending, they have the same economic effect. second of all, this notion that this is simply a tax increase on high income people is not quite accurate. those who earn more than $250,000 receive all the same

tax breaks that everybody else does on the income up to $250,000. they just don't receive the additional tax reduction on income above $250,000. and third, you know, this notion that a tax on people who earn more than $250,000 attacks the engine of job creation in small business, that's just one of the most commonly cited incorrect facts in washington. there was a -- the way you get that figure is by counting as small businesses everyone who has unassociated business income. that includes every big privately owned firm. the fact is a treasury study recently said that if you count as small businesses all businesses that with revenues of $10 million and below, this

tax -- this tax change would affect 2% of small businesses not most small businesses. jon: doug i'm sure there is a lot you want to respond to there. let me ask you this. in that lead in to this report i was astounded at the numbers. in our budget -- if our budget in 2000, if the federal government was spending $1.8 trillion and 12 years later it has doubled to $3.6 trillion, i mean accounting is the only class i dropped in college but it seems to me like the problem is more on the spending side. >> i think it's indisputably on the spending side. that is the source of our big fiscal problems. it's the reason the debt is not large distroyed larger than the economy. it's the reason why the projected debt is even worse and has to be addressed. the president had a great opportunity with the bowls simpson commission to take this on and kicked it aside.

among the things in there was a tax reform that featured lower tax rates and a broader base. it was a bi-partisan agreement that it was a good idea. one of the reasons the president is on the wrong page right now is extending the bush tax cuts its not a virtue in and of itself it's a bridge to a better tax code, the president is not a bridge to a better tax code he's going in the wrong direction with higher rates and at the wrong time. jon: go ahead, rob you have a chuckle there but you have about 30 seconds to respond. >> speaking of bowl simpson, bowls simpson and every other b bi-partisan effort, something which mr. romney and the republican party have totally rejected out of hand. one can't help but mention the fact that mr. romney in the face of this enormous budget deficit is now proposing $5 trillion in additional tax cuts. 20% cuts across the board.

jon: we have to leave it there. thank you both. >> my pleasure. >> thank you. [ male announcer ] don't miss red lobster's four course seafood feast,

st $14.99. start with soup, salad ancheddar bay biscuits then choose one of 7 entrees plus dessert! four perfect courses, just $14.99. come into red lobster and sea food differently.

throughout our entire lives. ♪ one a day men's 50+ is a complete multi-vitamin designed for men's health concerns as we age. ♪ it has more of seven antioxidants to support cell health. that's one a day men's 50+ healthy advantage. ...more talk on social security... ...but washington isn't talking to the american people. [ female announcer ] when it comes to the future of medicare and social security, you've earned the right to know. ♪ ...so what does it mean for you and your family? [ female announcer ] you've earned the facts. ♪ washington may not like straight talk, but i do. [ female announcer ] and you've earned a say. get the facts and make your voice heard on medicare and social security